14 -18世纪乌克兰的杀婴行为:根据法律规范的关系、死亡方法和隐藏痕迹(以教会和世俗法律纪念碑为例)

Vadym Anykiienko
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引用次数: 0

摘要

本文的目的是试图根据14 - 18世纪乌克兰教会和世俗法律的纪念碑来调查杀婴的规定;跟踪罪犯刑罚的差异;确定杀害和隐藏痕迹的方法。研究方法以科学性原则、历史主义原则和客观性原则为基础。研究方法以历史人类学为主,并涉及分析、综合、历史-比较等方法。科学上的新奇之处在于突出了童年历史(杀婴)这一有问题的问题,这一问题在这一时期的研究仍然很少,以及在研究这一问题时使用了国内历史学家没有涉及的资料。结论。王室法令承认杀害婴儿是一种犯罪,而没有提及妇女试图在子宫内摆脱胎儿。立陶宛法规“审判小俄罗斯人的法律”、helm书籍和忏悔调查表提供了关于杀婴罪的更多信息。可以列举出犯下这种罪行的几种方式,分为怀孕期间和分娩后(分别针对母亲子宫内的胎儿和新生儿)犯下的罪行。人们已经确定,杀死胎儿并导致流产可能有几种方式:使用可能对女性身体产生有害影响的特殊“药剂”(在我们看来,这是最普遍的),以及诉诸过度的体力消耗。妇女也可以走另一条路:掩盖明显的怀孕迹象,等待分娩,这是不可能预测的,因此必须根据情况采取行动,失去新生儿的生命。这可以通过以下方式完成:淹死(扔进池塘或井里),埋在地下,焚烧,给家畜或野生动物,在父母的床上睡觉时窒息,等等。教会和世俗法律的规范对这类罪行持否定态度,并规定了相当严厉的惩罚。尽管很难在法庭上证明一个女人犯了杀婴罪(被告总是可以说孩子是死胎,这是一种辩护)。杀婴的主要目的是尽快摆脱不想要的孩子,并将一切保密。但事情并不总是这样,因为儿童杀手被曝光的情况并不少见。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Infanticide in Ukraine of the 14th-18th centuries: relationship according to legal norms, methods of death and hiding traces (on the example of monuments of ecclesiastical and secular law)
Th e purpose of the article is an attempt to investigate the regulation of infanticide according to the monuments of church and secular law in Ukraine of the 14th–18th centuries; track diff erences in the punishment of criminals; determine methods of killing and hiding traces. The research methodology is based on the principles of scientifi city, historicism and objectiv- ity. Th e main method is historical anthropology, the methods of analysis, synthesis, historical- comparative are also involved. Th e scientifi c novelty consists in highlighting the problematic issue of the history of childhood (infanticide), which for this period remains poorly researched, as well as in the use of sources that were also not involved by domestic historians in the study of this problem. Conclusions. Princely statutes recognize the killing of an infant as a crime, instead omitting references to women’s eff orts to get rid of the fetus while still in the womb. More infor- mation about the crime of infanticide is provided by the Lithuanian statutes, “Laws by which the Little Russian people are judged”, helm books and confessional questionnaires. It was possible to single out several ways of committing this crime, which are divided into those committed during pregnancy and aft er childbirth (regarding the fetus in the mother’s womb and regarding the new- born child, respectively). It was established that killing the fetus and causing a miscarriage was possible in several ways: using special “potions” (in our opinion, the most widespread), which could have a harmful eff ect on the female body, as well as resorting to excessive physical exer- tion. Women could also go the other way: mask visible signs of pregnancy, wait for childbirth, which was impossible to predict, and therefore had to act depending on the circumstances, and lose the life of the newborn. Th is could be done in the following ways: drowned (thrown into a pond or well), buried in the ground, burned, given to domestic or wild animals, suff ocated in sleep in the parent’s bed, etc. Norms of ecclesiastical and secular law have a negative attitude towards such crimes, for which fairly severe punishments are provided. Although it was diffi cult to prove a woman guilty of infanticide in court (the accused could always say that the child was stillborn, which served as a kind of justifi cation). Th e main goal of infanticide is to get rid of an unwanted child as quickly as possible, keeping everything a complete secret. But things did not always happen exactly like that, because it was not rare that child killers were exposed.
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